THEODORE JAWORSKI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Affirmative misadvice from counsel regarding the consequences of a plea, even collateral ones, can form the basis for withdrawing a plea.
Appellant alleged his attorney misadvised him that his plea would not be considered a conviction or used for enhancement purposes. He claimed he would…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Affirmative Misadvice cases and more on FLexlaw
PER CURIAM.
Theodore Jaworski (Appellant) seeks review of the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.
Appellant alleged that his attorney misadvised him that his plea would not be considered a conviction or used for enhancement purposes and that he would not have entered his plea had he not been given this misadvice. This court has held that affirmative misadvice, regarding even collateral consequences of a plea, may form the basis for withdrawing the plea. See Love v. State, 814 So. 2d 475 (Fla. 4th DCA 2002); Jones v. State, 814 So. 2d 446 (Fla. 4th DCA 2001); Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000).
We acknowledge a conflict exists among the district courts on whether allegations of affirmative misadvice by trial counsel on the sentence-enhancing consequences of a defendant’s plea for future criminal behavior are cognizable as an ineffective assistance of counsel claim and that the First, Second, and Third Districts have certified conflict with our decision in Smith. See Bates v. State, 818 So. 2d 626 (Fla. 1st DCA 2002); Stansel v. State, 825 So. 2d 1007 (Fla. 2d DCA 2002); Wallace v. State, 27 Fla. L. Weekly D1840, — So. 2d -, 2002 WL 1842697 (Fla. 3d DCA Aug.14, 2002). We certify conflict with Bates, Stansel, and Wallace.
We reverse for further consideration of the ground that Appellant’s plea was involuntary based on counsel’s affirmative mis-advice that his plea would not be used against him in any subsequent proceedings, and remand for further proceedings with respect to that ground, in the course of which the State may attempt to demonstrate laches. See Love, 814 So. 2d at 476. We affirm the summary denial as to all other grounds of Appellant’s motion.
FARMER, STEVENSON and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bates v. State, 887 So. 2d 1214 (Fla. 2004)…certifying the same question as in .Bates); Smith v. State, 831 So. 2d221 (Fla. 2d DCA 2002) (certifying the same question as in Bates); Mason v. State, 834 So. 2d 224 (Fla. 2d DCA 2002) (certifying the same question as in Bates); Jaworski v. State, 828 So. 2d 1046 (Fla. 4th DCA 2002) (certifying conflict with Bates); Wallace v. State, 833 So. 2d 796 (Fla. 3d DCA 2002) (certifying conflict with Smith); McPhee v. State, 823 So. 2d 160 (Fla. 3d DCA 2002) (certifying conflict with Smith). Many cases raising the s…
-
State v. Williamson, 957 So. 2d 558 (Fla. 2007)…PER CURIAM. We have for review Jaworski v. State, 828 So. 2d 1046 (Fla. 4th DCA 2002), in which the Fourth District Court of Appeal certified conflict with Bates v. State, 818 So. 2d 626 (Fla. 1st DCA 2002), quashed, 887 So. 2d 1214 (Fla.2004). At the time the Fourth District issued its decision in Ja-worski, Bate…
-
Williamson v. State, 958 So. 2d 1106 (Fla. 4th DCA 2007)…on sentenced on December 3, 1993. In March 2001, Williamson sought a writ of error coram nobis, claiming, in part, that his attorney affirmatively misadvised him of the future, collateral consequences of the February 1993 plea. In Jaworski v. State, 828 So. 2d 1046 (Fla. 4th DCA 2002), quashed by State v. Williamson, 957 So. 2d 558 (Fla.2007), we reversed and noted conflict as to this issue. The State sought review in the supreme court. The supreme court recently granted relief to the State, quashed our rulin…
Authorities Cited
- Stansel v. State, 825 So. 2d 1007 (Fla. 2d DCA 2002)
- Smith v. State, 784 So. 2d 460 (Fla. 4th DCA 2000)
- Bates v. State, 818 So. 2d 626 (Fla. 1st DCA 2002)
- LaMarr Love v. State, 814 So. 2d 475 (Fla. 4th DCA 2002)
- Jones v. State, 814 So. 2d 446 (Fla. 4th DCA 2001)